Whereas, the Wisconsin Administrative Code and the Wisconsin
Statutes grant the Village the power to regulate the prevention of
fire and burning; and whereas the Village of Hobart is predominantly
a residential community with a small business district and provides
its own fire and police protection; now then, the Village Board deems
it to be in the best interests of the Village of Hobart and for the
health, safety, and welfare of the public to continue promoting fire
prevention and regulate open burning, cooking fires and recreational
fires in the Village of Hobart.
As used in this chapter, the following terms shall have the
meanings indicated:
BURNING PERMIT
A permit issued by the Village of Hobart to a residential
property owner within the Village of Hobart that allows the property
owner to burn certain materials on the property owner's property,
within the restrictions and limitations set forth in this chapter.
OPEN BURNING
Any open burning on residential property within the Village
of Hobart and, for the purpose of this chapter only, excludes outdoor
burning that is permitted pursuant to this chapter.
OUTDOOR BURNING
Any burning outside on residential property within the Village of Hobart that is considered a cooking fire or recreational fire pursuant to §
127-6.
REFUSE
Any waste material except clean wood.
VILLAGE FIRE DEPARTMENT
The Village of Hobart Fire Department located at 2703 South
Pine Tree Road, Hobart, Wisconsin, and 482 County Court, Hobart, Wisconsin.
Open burning, outdoor burning and refuse burning are prohibited
in the Village unless specifically permitted by this chapter.
A burning permit is not required as follows:
A. Subject to the prohibitions set forth in §
127-7, fires intended for cooking purposes are permitted without a burning permit in appropriate cooking grills and at a single or multifamily residence (hereinafter "cooking fire").
B. Subject to the prohibitions set forth in §
127-7, fires less than four feet in diameter and intended for recreation purposes are permitted without a burning permit (hereinafter "recreational fire").
C. Burning conducted by the Village of Hobart Fire Department is permitted
without a burning permit, provided such burning is necessary for firefighting
practice or instruction and such practice burn complies with the requirements
of the Department of Natural Resources and other applicable laws.
Notwithstanding obtaining a burning permit, the following restrictions
and limitations apply to all open burning:
A. No open burning shall be permitted on property less than 2.5 acres.
B. Monday through Friday: no open burning shall be permitted before
4:00 p.m. or after 8:00 p.m.; Saturday: no open burning shall be permitted
before 8:00 a.m. or after 8:00 p.m.; Sunday: no open burning shall
be permitted on Sunday or a holiday. All open burning shall be completely
extinguished before being left unattended.
C. No open burning shall be permitted during periods when a party described in §
127-7H has issued a burning ban or when an emergency burning ban has been issued pursuant to §
127-12.
D. No open burning shall be permitted at any time the weather conditions
are not favorable for open burning. For example, high wind speeds
or wind direction may make the weather conditions not favorable for
open burning.
E. Excluding Agricultural Districts, no open burning shall be permitted
in an area larger than 10 feet by 10 feet.
F. No open burning shall be permitted within 30 feet from any building,
structure, shed, garage, property line, flammable liquid, or other
material constituting a potential fire hazard.
G. No open burning may include burning trees or shrubs, unless such
trees or shrubs have been cut down and cut into segments 4 feet or
smaller.
H. Excluding Agricultural Districts, open burning of wood, brush or demolition material, excluding items set forth in Subsection
K, is permitted, provided methods approved by the DNR are used.
I. Excluding Agricultural Districts, open burning of small amounts of
dry leaves and dry plant clippings are permitted.
J. Open burning of brush or weeds on Agricultural Districts are permitted.
K. The Village will not issue a burning permit for burning any of the
following materials without air pollution control devices and a written
copy of an approval by the Department of Natural Resources:
(1) Rubbish or garbage, including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
(2) Waste oil or other oily wastes, except used oil burned in a heating
device for energy recovery subject to the restrictions in Chapter
NR 679 of the Wisconsin Administrative Code.
(3) Asphalt and products containing asphalt.
(4) Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or contain treated preservations.
(5) Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
(6) Rubber, including tires and synthetic rubberlike products.
(7) Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter
248, Solid Waste, Article
I, Recycling, of this Code.
(8) No open burning may include dry leaves and/or dry plant clippings, or other items that should be recycled, unless expressly set forth within this chapter (see Subsection
I of this section for permitted open burning of small amounts of dry leaves and dry plant clippings).
Every burning permit granted by the Village shall be either
posted and at all times displayed in a conspicuous place on the property
where such burning shall occur or carried on the property owner (the
permittee) during the open burning process.
A burning permit granted by the Village shall be granted to
an individual person who is the owner of the property where such burning
shall occur and is not transferable to any other person. In the event
an entity owns the property where such burning shall occur, a burning
permit shall be issued to an owner of the entity, provided such owner
agrees to be individually, jointly and severally liable with the entity
for any violation of this chapter.
The Village Fire Chief, Village Public Works Director, Village
Zoning Administrator/Building Inspector, Village Police Officer, or
any authorized officer, agent, employee or representative of the Village
who presents credentials, may inspect any property for the purpose
of ascertaining compliance with the provisions of this chapter. Note:
If the owner or occupant of the property denies access to the property
for this purpose, a special inspection warrant may be obtained in
accordance with § 66.0119 of the Wisconsin Statutes.
The person to whom the burning permit is issued and/or the person utilizing or maintaining a recreational fire or cooking fire, whatever the case may be, shall be responsible jointly and severally for all costs resulting from damage caused by such fire, including those costs allowed by law and those costs set forth in §
127-11.